Lineups
What is the definition of a lineup according to Black's Law Dictionary?
A police identification procedure by which the suspect in a crime is exhibited, along with others with similar physical characteristics, before the victim or witness to determine if he can be identified as having committed the offense.
What is the definition of a show-up?
A one-to-one confrontation between a suspect and a witness to crime.
What is the definition of photographic identification?
A process in which a victim or witness is shown photographs of possible suspects.
Is eyewitness identification reliable?
No, there has been a decline in reliability.
List 3 pieces of trace evidence that can be used to identify suspects.
- Shoeprints
- Hair
- Skin
- Blood
- Sweat
- Handwriting
Does a suspect have the right to due process in a lineup, even when their privilege against self-incrimination doesn't apply?
Yes
Is the right against self-incrimination in effect in a show-up? Is there a search and seizure involved?
No
Is there a right to counsel in photographic identification?
No
No, therefore, their adoption by law enforcement agencies is optional and varied.
Organizations such as the Innocence Project use this form of identification in their work to free innocent defendants from their respective sentences. What is it?
DNA testing.
- Give blood samples
- Submit to a photograph
- Give handwriting samples
- Submit to fingerprinting
- Repeat certain words or gestures
- Appear in a lineup
Is the right to counsel in show-ups similar or different from the right to counsel in lineups?
It is similar.
Since due process applies, what does this mean for the photographic identification process?
It must not be unduly suggestive.
What is a statement that would accurately describe the relationship between confidence and accuracy in eyewitness testimony?
Confidence can be inflated by post-event feedback.
What doctrine do polygraph results fail to conform to, and are therefore inadmissible as evidence in court?
The Frye doctine.
Why is Miranda not required for lineups?
Lineups do not involve any form of interrogation, and therefore no danger of self-incrimination. They aren't required to "speak their guilt" by providing testimonial evidence.
When is a show-up appropriate as opposed to a traditional lineup?
When it's under circumstances that would make a lineup impractical or impossible. (It must occur within a short time after the crime).
Individually, because it helps to prevent witnesses from relying on cues or comparing photos to each other instead of their memory
Post-event information (like leading questions) affects memory because...?
Memory is reconstructive.
What recent technology does the FBI use to search for and identify fugitives?
Facial recognition software.
What was the ruling of Kirby v. Illinois and United States v. Wade regarding lineups?
What are 2 factors the courts take into account when determining whether, in the totality of circumstances, the suspect's due process rights have been violated during a show-up?
- The witness's opportunity to view the criminal at the time of the crime
- The witness's degree of attention at that time
- The accuracy of any prior description given by the witness
- The level of certainty demonstrated by the witness at the identification
- The length of time between the crime and the identification
Who usually presents the pictures in a photo lineup to the witness?
An officer who was not involved and has no idea who the suspect is.
Out of 100 documented cases where the defendant has been exonerated by DNA evidence, what percent of the false convictions in these cases were primarily the result of mistaken eyewitness identification?
75%
What means of identifying suspects provides strong scientific evidence that the record of the time of the crime stored in the suspect’s brain does or does not contain the salient facts about the crime and does or does not contain the salient facts about the alibi?
Brain fingerprinting.